Pray tell my lord and the jury the whole matter. Blair. All that I can say to this business is written in my paper, and I refer to my paper. Att. Gen. You must not refer to your paper, Sir, you must tell all what you know. L. C. J. He may look upon any paper to refresh his memory. Blair. I did see the commission, Sir, and I did read it. Att. Gen. What commission was it, Sir? Blair. It was a commission from king James to sir John Freind. Att. Gen. Where did you see it, Sir? Blair. I saw it in his lodgings at the Strand, when he lived near the Strand, in Surrey street. Att. Gen. Who shewed it you? Blair. It was for raising a regiment of borse. Att. Gen. When was it that you did see it? How along ago was it? Blair. It is well pear two years ago, or thereabouts, as I remember. Att. Gen. Who was to have been colonel of that regiment? Blair. He was nominated to be colonel of it himself in the commission. L. C. J. Who was the commission di rected to ? Blair. It was directed to him, to sir John Freind. L. C. J. Well, and what was done upon it? Who were to be the officers? Blair. He promised me to be his lieutenantcolonel; and I had the same from Mr. Harrison, and there were several letters that I saw, that came from my lord Melford and secretary Caroll, who were with king James. Att. Gen. What other officers were there appointed? Blair. There was one Richardson was to be one of his captains, and there was one Mr. Fisher was to be another, and one Hall another; Fisher was to be his eldest captain, and one capt. Evans was to be his captain-lieutenant, and one captain Vernatti was to be another. Att. Gen. Do you remember who was to be his major? Blair. No, Sir, I think I cannot be positive as to that. I spoke to capt. Barnesley, that had been a lieutenant in king James's service, to be a lieutenant, and sometimes he accepted, and sometimes he refused it. Att. Gen. Pray, what did you do as lieutenant-colonel upon this matter? Blair. I endeavoured all I could to get officers for them, and to raise troops. endeavoured to get what men I could myself. Sol. Gen. Pray what did you do? What officers did you procure for him? Blair. I told you Vernatti and Fisher, and one Mr. Hall that lives at Deal. Att. Gen. What troops did you get under 2 you? Did you engage any to serve under you? Blair. What? I myself, Sir, do you mean? Att. Gen. Yes, I do. Blair. Yes, Sir, I did. Att. Gen. Can you name any of them? Blair. Yes, Sir, if I make use of my paper. Sol. Gen. You may make use of your paper to refresh your memory. Blair. There is a paper of names that I gave in before the council. L. C. J. Mr. Baker, have you his paper there? Let him see it to refresh his memory. Mr. Baker. I have none of the papers, my lord; they are all sent before the council. Att. Gen. Pray, Sir, can you tell who was to have been your lieutenant in your troop? Blair. One Mr. Bertham. Mr. Mountague. You say, Sir, you were constituted lieutenant-colonel; pray, who constituted you, and made you so?" Blair. I had only a promise of it from sir John Freind. Att. Gen. Pray, did you lay out any monies for sir John Freind? or did he ever pay you any money afterwards? Blair. Yes, I have had several small sums of money from sir John Freind. Att. Gen. Pray, what was it for? Blair. It was to drink with the men that belonged to the regiment, and encourage them. Att. Gen. Pray, did Mr. Piggott pay you any sums of money? and by whose order? Blair. Yes, he paid me first 201. and afterwards he paid me another 201. Att. Gen. By whose order was that, Sir? Blair. It was by the order of sir John Freind. Att. Gen. Pray, Sir, How do you know that sir John Freind ordered him to pay it you? Blair. Because it was the money that Piggott had received to repay sir John Freind what he had advanced for the furthering of Parker's escape out of the Tower. Att. Gen. How do you know that he advanced any money for procuring Parker's escape? Blair. He told me so himself. Att. Gen. How much did sir John Freind say he advanced for that purpose? Blair. He told me 100%. Att. Gen. How did he tell you he was to be paid it again? Blair. He told me that king James ordered the payment of it at France, when Piggott went over, which was immediately afterwards; and I had of that, first 20l. and afterwards 201. by the order of sir John Freind. Sol. Gen. Pray, Sir, did sir John Freind tell you what Piggott had received in France? Blair. Yes, he said Piggott had received 1007. in France; and he did not pay it him, but if I could get 201. of him, he would allow it. Att. Gen. Pray about what time was it that the first 201. was received? Blair. I have set it down in my paper; there it is. Att. Gen. But cannot you tell about what time it was? Blair. It was about last May or June, the first 201. was paid. Att. Gen. When was the last 201. paid? Blair. It was after I was sick, about Michaelmas. Mr. Cowper. Pray, Sir, Who was by when the last 20l. was paid? Blair. Mr. Piggott paid me the last 57. of it, (for I received it at several payments from Mr. Piggott) but the last 57. was before sir John Freind, at Jonathan's coffee-house. Sol. Gen. Pray, do you know any thing of sir John Freind's receiving any letter from king James? Blair. Yes; he told me he had a letter from king James. Sol. Gen. How long ago was that? Sol. Gen. I don't ask you the precise day, but was it within a twelvemonth? Blair. Yes, I believe it might be thereabouts. Freind. My lord, I desire he may speak out; for I don't hear half he says. L. C. J. Repeat it to him again. Blair. Sir, you told me you had received a letter from king James. Friend. My lord, I shall answer to all this afterwards. Sol. Gen. Pray, had you at any time any discourse with sir John Freind about one Slater? Blair. Yes, I had. Sol. Gen. Pray tell what that was. Blair. He told me he was to bring him in several officers; and that he had intended to make two lieutenant-colonels, whereof captain Slater was to be one; but when he saw I was not satisfied with that, he said he should command a troop of non-swearing parsons, and they should be an independent troop. Sol. Gen. You say that Slater was to command that troop? Blair. Yes, and it was to be an independent troop. Att. Gen. I think you say, that he and you met at Jonathan's coffee-house? Blair. Yes, we did so. Att. Gen. Pray what discourse had you there? Blair. I called him aside, and desired to speak to him; and it was when Mr. Fisher told me of this plot, and desired me to speak to him, a little before this horrible conspiracy broke out. And I told him what I heard from Fisher, and from Harrison the priest about it; and he told me that he had heard of it, and he was afraid it would ruin king James, and his affairs. Att. Gen. What was it that you told him you had heard? Blair. This last horrid thing, the conspiracy against the king's life. Mr. Cowper. Was it before it broke out that he told you he knew of it? Blair. Yes, it was shortly before it broke out. Alt. Gen. Pray, did you meet with him again? And did he carry you in his coach as at any time?-Blair. Yes, he did, Sir. Att. Gen. What discourse had you then, when you was with him in the coach? Blair. He took me in his coach to St. Martin's-le-Grand, and, says he, I will do nothing till the Toulon fleet meet with the Brest fleet; at that time, perhaps, we shall be all taken up ; but, says he, you may sculk about the town better than I can; and therefore I'll keep myself private; and we must be as good husbands of our money as we can; for money will be very scarce. What do you think you shall need, says he? Truly, Sir, says I, I can't tell ; that must be according as I am mounted. For I found I had a few indigent officers at that tiune. Att. Gen. Pray, what were you to do? Blair. We were to sculk up and down; and when he asked me what money I should need, I told him I could not tell; for there were several indigent officers, most of which begged at that time; and here is a letter that I had from sir John Freind, to confirm my receiving money from him. Att. Gen. Is that sir John Freind's own hand?-Blair. Yes, Sir, it is, Att. Gen. Then put it in. Give it bither. [It was delivered in to the Attorney-General.] Sol. Gen. Pray, what have you heard sir John Freind say of sir John Fenwick's being concerned in this matter? Blair. I heard him say, that he believed that he should command the party that he was engaged in, and that sir John Fenwick had four troops of horse, that lay near Reading, to be employed. Sol. Gen. For what purpose? Blair. To be in readiness upon the descent. Freind. Gentlemen of the jury, I can't hear a word; I hope you hear. Att. Gen. Pray, Sir, look upon that letter; you say you bad that letter from sir John Freind, pray, who is that I mentioned in it? Blair. It means Harrison alias Johnson, the priest. Att. Gen. Pray, what was that letter written for? Blair. It was about the last 20/. that I was to receive from Piggott. Att. Gen. Is that sir John Freind's hand? Att. Gen. Have you seen sir John Freind write? Blair. Yes, I have seen him write, and I think it is the same hand. Att. Cen. Then we desire it may be read. Whether he saw sir John Freind write that Then a Juryman desired he might be asked, letter? L. C. J. What say you, did you see him write that letter? Blair. No, my lord; it came to my lodging. Att. Gen. Did he ever own to you he had writ you such a letter?-Blair. Yes, he did. Att. Gen. Pray, let it be read; read it all, for it is but short. Cl. of Ar. reads: For Captain Blair, These. "Sir; Tuesday Morning. "You may much wonder you have not received an answer of yours before now: I have been afflicted with the gout in my hand and foot, that I have not been able to put pen to paper; (I thank God) I am somewhat better, and do hope to be in London a Thursday next, about the hour of twelve, at Jonathan's coffeehouse, if the weather do not prevent me; if it do, I shall not come before Monday following: I do desire you for to meet me about that hour; for it is not convenient for to write a note to Mr. H. for some reasons I shall give you when I see you. I wish you good health. I am, Sir, your affectionate friend and servant, "JOHN FREIND." Juryman. Pray, Sir, what date is it of? Cl. of Ar. It has no date but Tuesday morning. Att. Gen. Did sir John Freind meet you on the Thursday, according to this letter? Juryman. My lord, I desire he may be asked, how this letter came to him, whether by the penny post, or how? Blair. I don't know, I believe it was by a porter: it came first to me when I was in bed, and my wife brought it up to me. Att. Gen. Pray, Sir, answer my question. Did sir John Freind afterwards meet you at Jonathan's coffee-house, according to this letter?-Blair. Yes, Sir, he did. Att. Gen. And did you there speak about the business that's contained in that letter? Blair. Yes, Sir; and accordingly I had the order. Att. Gen. What order? Blair. An order for the 201. Sol. Gen. Captain Blair, do you remember that you dined with sir John Freind near the Exchange, in January last? Blair. Yes, I think I did, Sir. Sol. Gen. What discourse was there between you then? Who was with you besides you two? Blair. I must refer that to my paper. Sol. Gen. Well then, what discourse was between you and sir John Freind there? Blair. It is down in my paper. Sol. Gen. Do you know one capt. Ridley? Blair. Yes, Sir. Sol. Gen. Was he at any time present when you and the prisoner at the bar were together? Freind. My lord, I cannot hear a word he says. L. C. J. Here is a great noise indeed, and he, it seems, is not well, and speaks but low; pray, order silence in the court. [Which was done by Proclamation.] L. C. J. Look ye, sir John Freind, he speaks of a letter that you sent to him that bears date some Tuesday morning, that you would be in town, and meet him at Jonatban's coffee-house upon Thursday following, at twelve o'clock; and that letter was read, and he says he met you accordingly, and there was order taken for the payment of the last 201. This is that he says: did you hear it? Freind. No, my lord, I did not. L. C. J. That is what he said. Then go on: you say he met you at Jonathan's coffee. house according to that letter? Blair. Yes, my lord. L. C. J. What was done there, when you met?--Blair. Nothing but the order. L. C. J. Who did he give the order to? Blair. He gave the order to Harrison. L. C. J. Why, was Harrison there? Blair. Yes, he came there before I came away. L. C. J. But you say he gave the order to Harrison?-Blair. Yes, my lord. L. C. J. What was the order for? Att. Gen. Was the 201. paid you afterwards?-Blair. Yes, Sir. Att. Gen. Who paid it? Blair. Mr. Piggott; he paid me the last 51, of it before sir John Freind's face. do L. C. J. Was this the first 201. or the last, you say?-Blair. It was the last. L. C. J. What was this money paid for? Blair. I believe it was to support me to go about the business of the regiment. L. C. J. You believe; that's not enough: but are you sure it was so? Blair. Yes, I am sure it was for that. L. C. J. Had you ever demanded money of him before?-Blair. Yes, I had. L. C. J. For what was that money that you demanded? Blair. It was to drink with the men that were brought in; to cherish, and keep them together. L. C. J. To what purpose were those men kept together? Blair. They were for his regiment. Sol. Gen. Pray, had sir John Freind any occasion to pay you any money upon any other account? Blair. No, Sir, not out of that 1007. Mr. Cowper. You do not understand the question. Had you any dealings with sir John Freind, but about this matter concerning the regiment?-Blair. No, never in all my life. Att. Gen. Well, Sir, do you remember your meeting with sir John Freind when one Ridley was there? Blair. Yes, it was at the chop-house. Att. Gen. Give an account what passed there. Blair. Mr. Ridley said, a gentleman was lately gone over to France, about ten days before; and Mr. Ridley said, he was a very sensible gentleman, a Roman Catholic, an ancient man, about threescore years of age, what he was, I can't tell he said, he believed he should bring the last orders. : Att. Gen. What did sir John Freind say? Blair. Sir John Freind said, He knew of it; but he named no more. Sol. Gen. What was the effect of those orders, as you understood? Blair. I cannot tell that, Sir, indeed. Sol. Gen. What do you know of his going to France? Blair. I have so, Sir, I acknowledge it. Freind. Pray take me right, and was not that money I gave you, only upon pure charity? Blair. Yes, you did give me charity, but [ had expended so much money in your busiBlair. I met him upon the Exchange theness, that reduced me to that, God knows my last summer, and I told him, I expected not to heart. I have laid out many a pound upon this have seen him here at that time, I thought he affair. had been abroad; he told me he was come from France; but who sent him I cannot tell, I do not know, upon my life. Sol. Gen. Pray what has sir John Freind said to you about Ferguson? Whether was not he to have been an officer in his regiment? Blair. No; but sir John Freind said, he would join; and Mr. Ferguson himself has told me so. Att. Gen. When did he tell you so? Att. Gen. How long ago? Sol. Gen. Did sir John Freind tell you any thing about Ferguson, that he would bring in any men? Blair. Yes, he said he would bring in a great many. Att. Gen. Will the prisoner ask him any questions? L. C. J. Sir John Freind, will you ask this witness any questions? Freind. Yes, my lord, I shall by and bye, if they have done with him. L. C. J. Yes, they have done with him. (Then he paused, and perused his Papers.) Freind. First, as to the commission you charge me with, that I should receive a commission from king James; I desire to know, whether it was signed, or sealed, and what date it was? Blair. I cannot tell the date, indeed, sir John; for I never thought to come here upon such an account as this: but I think it was in paper, signed above James Rex,' and below, By his Majesty's Command, Melford;' and a little seal upon the margin. Freind. This is the hardest thing in the world upon a man; here you have charged me with money to subsist and encourage soldiers.-Blair. Yes, Sir. Freind. I would only say this: you were recommended to me for a very honest man, and you have come to me several times, and told me, Sir, my necessities are very great, I am ready to starve, I have a great charge; for God's sake, will you be pleased to bestow something upon me, to relieve my necessities? It's true, I have given you money several times, but I never gave it for any other use but charity; God knows my heart. I desire you to consider with yourself, and answer it. There is a God above, where you must give an account as well as I, and I hope you will con sider of it. Pray declare the truth, Whether you have not writ those lines to me several times, that you were ready to starve, and begged of me to relieve your necessities? Freind. It is the hardest thing in the world; this is a Roman Catholic too. Blair. I am sure it cost me many a pound more than ever I had of you. Freind. You say you listed a great many men, who were the men? What are their names? Who were they for? Blair. I have given a list of them to the council. Freind. Who are they? for God knows, I know nothing of them. L. C. J. You have a list there, let it be produced. Blair. I gave it to the council; and, sir John, I brought in several officers to you. Alt. Gen. Remember, and name as many as you can. Blair. I have named the officers already. Att. Gen. Name them again. Blair. Did not I bring captain Fisher to you? and did not you promise to make him your eldest captain? Freind. No, you never did. L. C.J. These are questions of your own asking, so you must bear him. Blair. I brought captain Fisher to you, and accordingly we dined at captain Simons's; and there was captain Ridley, Mr. Richardson, and Mr. Fisher and you talked together, and you listened to him, and in my own hearing you promised he should be eldest captain, upon condition that he would bring in a troop; and this is true, so help me God. Freind. Pray, where are your men? and what are your men that you listed? Blair. I never spoke of listing, I only spoke of encouraging. Freind. Did not you say you had listed a great many men for to be of my regiment? Blair. No, Sir, I did not. Att. Gen. I think you do mistake, sir John ; he did not say list. Blair. I had money from you upon the account of encouraging, and treating, and drinking with a great many of the men: and you said it was impossible to keep them together, but that I must have money to treat them, and drink with them; but you desired me to be as good a husband as I could. Freind. I never said so; these are very hard things upon me. Blair. Did not I bring captain Cole and captain Neale to you, and his brother-in-law Mr. Robinson, and Mr. Gellibrand? and did not we dine together? Freind. I know nothing of all this, I declare to you. L. C. J. If you would ask him any more questions, do. Blair. I brought those three gentlemen, and we dined together. L.C. J. Where did you dine then? Buir. At Hackney, when sir John lived there, at his own house. Freind. When was it? Blair. It is above a year ago. Pray, sir John, don't think to dash me out of counterance, though I am very ill; I speak nothing but the truth, and therefore I will not be dashed eut of countenance. You know what I say to be true; you then drank a glass of wine to captain Cole: and did not you promise him, because he was one of your mother's name, that be should have a place in the Excise next one of the commissioners? Says I, sir John, what will you give me? O, says he, you shall have the regiment, man. This was before Robiasen, his mother-in-law, and Mr. Gellibrand. L. C. J. Who was to have the place in the Excise?—Blair. Captain Cole. Freind. I know not a word of all this. Just. Rokeby. Captain Blair, be not dash'd, but speak the truth, and you need fear nothing. Blair. This, I say, was before Mr. Robinson and Mr. Gellibrand. Freind. I don't know Gellibrand, nor none of them. L. C. J. Was that Cole to be any thing in the regiment? Blair. Yes, he was to have been a captain, and to bring in a troop. Att. Gen. Sir John, will you ask him any more questions? Freind. No, I must depend upon the jury, for I cannot remember half what he has said. Sol. Gen. Do you remember any discourse between you and him, about some brisk men that were to follow him? L. C. J. But before you ask him, Mr. Solicitor, we must know whether he will ask him any more questions, for he is now his witness. Do you ask him any more questions, sir John? Freind. I can ask about no more than what I bear. L. C. J. But ask him what you will. to you. Freind. Did you see me write it? Blair. No, it came to my hands by a porter, as I believe, when I was in bed; my wife brought it up to me. Freind. What was that letter for? Blair. In order to pay the last 201. and I did see a return of a letter that you writ to king James. Att. Gen. Who shewed you that letter to king James? Blair. He shewed it me himself. L. C. J. Did he say any thing of an answer he had to it ? Blair. Yes; but I cannot remember what it was directly. Juryman. He was pleased to say, he saw a letter from king James. L. C. J. No, no, Sir, it was a letter to king James. Juryman. My lord, I desire he may be asked, if he knows the contents of that letter? L. C. J. Did you see him write the letter, or did he shew you the letter he had writ? Blair. I did not see him write the letter, I see his hand to the letter, and he shewed me the letter, that he said he had written to king James; and there is this particular passage to confirm it, it was at Mr. Piggott's mother's house; I dined with him there that day, and when he showed me the letter, I told him I was so well pleased with the penning it, that I believed Mr. Ferguson had a hand in it; and he was very angry, that I should think he was not able to write, and did not write the letter himself. Juryman. My lord, since it seems he perused the letter, I desire he may be asked, whether he can remember the contents of that letter, or any of it? Blair. Really, my lord, I cannot tell that particularly but I am apt to think it was about the business of the king, and about the regiment. L. C. J. Can you tell truly any of the contents of it? Blair. That it was about the affairs of the regiment, I am positive. Mr. Cowper. My lord, before he goes away (that the jury may not go away with a mistake), I desire it may be observed, he does not say, he saw sir John Freind write the letter. L. C. J. No, no, but that he shewed it him himself. Freind. When was that letter writ that I shewed to you? Blair. It was about a year and a half ago. Freind. I declare in the presence of God, I never writ one. Juryman. He says you shewed him the letter, therefore it is very fit we should see it. L. C. J. Nay, Sir, you must not talk to the prisoner; if you have any questions to ask, you must propose them to the court. Freind. I declare in the presence of God, I never writ any such letter as this he now charges me with. Blair. And I do declare in the presence of God, you shewed me such a letter. Freind. Yes, you may; but I am a Protestant, you are a Papist; you may do any thing. Att. Gen. You may ask any questions of him, sir John, but you must not rail at the witness. |